Heidi Herbek-Passalacqua v Board of Education
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Herbek-passalacqua v Board of Educ.
2005 NY Slip Op 08545 [30 AD3d 1118]
Decided on November 10, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, SMITH, AND LAWTON, JJ.
1366 CA 05-00353
[*1]HEIDI HERBEK-PASSALACQUA, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF ILSE KRISTEN HERBECK, AN INFANT, 15 YEARS OF AGE, PLAINTIFF-APPELLANT, ORDER
v
BOARD OF EDUCATION, VICTOR CENTRAL SCHOOL DISTRICT, DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered November 1, 2004 in a personal injury action. The order denied plaintiff's application for leave to serve a late notice of claim.
HALL AND KARZ, CANANDAIGUA (PETER ROLPH OF COUNSEL), FOR PLAINTIFF-APPELLANT.
OSBORN, REED & BURKE, LLP, ROCHESTER (AIMEE LA FEVER KOCH OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court
Decided on November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, SMITH, AND LAWTON, JJ.
1366 CA 05-00353
[*1]HEIDI HERBEK-PASSALACQUA, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF ILSE KRISTEN HERBECK, AN INFANT, 15 YEARS OF AGE, PLAINTIFF-APPELLANT, ORDER
v
BOARD OF EDUCATION, VICTOR CENTRAL SCHOOL DISTRICT, DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered November 1, 2004 in a personal injury action. The order denied plaintiff's application for leave to serve a late notice of claim.
HALL AND KARZ, CANANDAIGUA (PETER ROLPH OF COUNSEL), FOR PLAINTIFF-APPELLANT.
OSBORN, REED & BURKE, LLP, ROCHESTER (AIMEE LA FEVER KOCH OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court
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